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2015 Supreme(Ker) 493

P.UBAID
SHAJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. S. HARIKRISHNAN.
For the Respondent: PUBLIC PROSECUTOR SMT. P. MAYA.

JUDGMENT

The appellant herein challenges the conviction and sentence against him under Sections 452 and 308 of Indian Penal Code. He faced trial before the learned Additional Sessions Judge-I, Mavelikara in S.C No.289 of 2000 on the allegation that due to some previous enmity on a misapprehension that one Raju, a toddy shop salesman, had given intimation to the police against him regarding his illicit trade in arrack, he trespassed into the toddy shop No.35/98 at about 1.45 p.m on 10.6.1998 with a dagger and inflicted injuries on the body of the said Raju with the full knowledge of consequence that the injuries he inflicted may cause death.

2. The appellant pleaded not guilty to the charge framed against him by the learned trial Judge under Sections 452 and 308 I.P.C. The prosecution examined ten witnesses in the trial court including the injured Raju and also marked Exts.P1 to P14 documents. When examined under Section 313 Cr.P.C also, the accused denied the incriminating circumstances and maintained a defence of total denial. He further contended that this is a false case foisted against him at the instance of one Rajan and one Vijayan. On witness was examined on the side of the ac














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